Background: Mohammad Reza Baybourdi, a former client of Starkman Barristers, disputed billing and sought to assess the firm’s accounts. After obtaining an order for assessment, two additional invoices were issued by Starkman Barristers.
Key Issues:
- Whether the request to assess accounts was timely according to the Solicitors Act.
- Whether special circumstances existed to warrant the assessment of the earlier accounts.
Decision:
- The court assumed the delivery of subsequent invoices did not affect the need to show special circumstances for assessing earlier accounts.
- The court found special circumstances due to a lack of detailed billing, inadequate communications concerning the accounts, and concerns of overcharging.
- The defendant’s motion to quash the assessment order was dismissed, allowing the assessment of all accounts during the retainer period.
Outcome:
- The order for assessment to proceed was affirmed.
- Costs were awarded to Baybourdi at $500, recognizing the time he devoted to addressing the motion as a self-represented litigant??.